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HomeMy WebLinkAboutD 11-20LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 20, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main, on Monday, November 20, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director Debbie Arkell, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot. 0:12:26 [18:04:43] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County Courthouse, 311 West Main Mayor Krauss called the meeting to order. 0:12:29 [18:04:44] B. Pledge of Allegiance and Moment of Silence 0:13:15 [18:05:31] Changes to the Agenda Mayor Krauss asked the City Manager about any changes to the agenda. Mr. Kukulski noted that Action Items 5 and 6 may require clarification but that there are no additions or deletions to the agenda. 0:13:40 [18:05:56] C. Public Service Announcement - Vietnam Veterans Memorial Update (Dingman) Ron Dingman, Parks, Recreation and Cemetery Superintendent, updated the Commission on the efforts of a local group to bring the traveling Vietnam Veteran Memorial wall to a permanent home in Bozeman. 0:18:43 [18:11:10] D. Authorize the absence of Commissioner Becker 0:18:50 [18:11:22] Motion and Vote to authorize the absence of Commissioner Becker. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the absence of Commissioner Becker. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 0:18:59 [18:11:46] E. Minutes - October 23, 2006 0:19:04 [18:11:46] Motion and Vote to approve the minutes of October 23, 2006 as submitted. 2 It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the minutes of October 23, 2006 as submitted. Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp and Mayor Krauss. Those voting No being none Those absent being Cr. Becker. The motion carried. 0:19:15 [18:11:48] F. Consent 1. Authorize payment of claims (LaMeres) 2. Approve Cattail Lake Park Master Plan (Windemaker) 3.Authorize City Manager to sign Release and Reconveyance of Sanitary Sewer Easement – Cascade Development (Stodola) 4.Adopt Resolution 3979, West Lincoln Street Annexation (Cooper) 5.Authorize the City Manager to sign the West Lincoln Street Annexation Agreement (Cooper) 6Adopt Ordinance 1680, West Lincoln Street Zone Map Amendment (Cooper) 7.Authorize City Manager to sign West Lincoln Street Annexation Public Street and Utility Easements, Snowload, LLC (Stodola) 8.Approve Fowler Place Subdivision final plat (Cooper) 9.Approve the monthly building report (Poulsen) 0:19:17 [21:27:53] Public Comment - Consent Agenda Mayor Krauss called for public comment on consent items F1 - F9. No person commented. 0:19:32 [18:12:10] Motion and Vote to approve Consent Items F1 - F9. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve Consent Items F1 - F9. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker The motion carried. 0:19:43 [18:12:11] G. Public comment Mayor Krauss called for public comment. This was the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There was also opportunity in conjunction with each agenda item for comments pertaining to that item. No person commented. 0:20:20 [18:12:40] H. Action Items 0:20:23 [18:12:46] 1. Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II, Resolution 3977, continued from November 6, 2006 (Rosenberry) 3 0:20:33 [18:12:47] Staff Report Finance Director Anna Rosenberry presented the staff report. 0:22:08 [21:27:29] Public Comment Mayor Krauss called for public comment. No person commented. 0:22:34 [21:29:02] Motion and Vote to adopt Commission Resolution No. 3977 creating Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt Commission Resolution No. 3977 creating Special Improvement Lighting District No. 696, Laurel Glen Subdivision Phase II. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 0:22:51 [18:14:35] 2. Lincoln Park Condos Site Plan, #Z-06193, continued from Nov. 6, 2006 (Epple for Kozub) 0:23:22 [18:14:53] Staff Report Planning Director Andy Epple presented the Staff report. 0:29:08 [18:15:29] Applicant Catherine Konen of Gaston Engineering appeared on behalf of the applicant. 0:29:24 [18:15:18] Public Comment Mayor Krauss called for public comment. 0:29:38 [18:15:37] Public Comment - Joanne Wilke Joanne Wilke resides at 1665 Alder Court and opposes the Lincoln Park Condominium development as proposed. 0:33:23 [18:17:48] Public Comment - Stacy Jackson Stacy Jackson resides at 1523 Alder Court and is concerned about the character of the neighborhood changing if the current proposal is approved. 0:34:40 [18:19:59] Public Comment - Jay Rutherford Jay Rutherford resides at 1721 West Kagy and appeared representing the Hawks Ridge Homeowners Association which supports the development of the Lincoln Park Condos as proposed and also speaking as MSU student and is concerned about he high cost of home ownership. 4 0:44:50 [18:30:06] Motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo. It was moved by Cr. Kirchhoff to approve [application No. Z-06193], Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo. Conditions of Approval: 1. The Annexation and Zone Map Amendment must be finalized prior to Final Site Plan approval. 2. Stormwater detention facilities shall not have a slope steeper than 25 percent and shall not make up more than one-third of the required front yard. 3. Regarding pedestrian circulation (Section 18.34.090.6): a. The pedestrian connection shall be constructed of concrete (minimum 6 feet in width) or asphalt (minimum of 10 feet in width), subject to review and approval by the Parks Department. b. The trail must either: 1) connect to both Maple Lane and to Alder Court or 2) connect directly to the sidewalk to be installed along Lincoln Road. c. The applicants/owners shall work with the condominium association to the south to coordinate the location (specifically the southern terminus) of the trail. 4. Regarding the relationship of site plan elements to conditions on and off the property (Section 18.34.090): a. The relocated house shall be on its own lot and not be part of the condominium association. b. The north elevations of the units along Lincoln Street shall include additional architectural features (including front porches with sidewalk connections to the sidewalk on Lincoln Road) to avoid presenting a "back" side to the streetscape. c. The covenants shall specify that no individual unit fences are allowed. 5 5. Regarding the impact of the project on parking and traffic conditions (Section 18.34.090.5): a. Garage doors must be setback at least 20 feet from the public access easement for Maple Lane and from the right-of-way line for Alder Court. Where driveways along the interior private drive are less than 20 feet, no parking signage shall be installed and shown on the Final Site Plan. No driveways will be permitted to be between 10 and 20 feet in length to avoid parked cars blocking the pedestrian facilities and the private drive aisle. b. The covenants must also specify these parking restrictions and the method of enforcement for parking problems. Revised parking calculations must be included with the Final Site Plan. 6. An 8 inch sanitary sewer main shall be extended down Alder Court Lane to the southern property line. 7. Provide a fire hydrant at the southwest corner of the Lincoln Street/Alder Court Lane intersection instead of the north side of Lincoln Street. Provide a City standard blow-off at the dead end of the Lincoln Street water main. 8. The 6" water main in Alder Court Lane does not meet City standard. The water main shall be 8" and extend to the southern property line. The water main extension is in excess of 500 ft and shall be looped. 9. Any unused water services to the property shall be properly abandoned at the main. 10. The private drive into the property shall connect to Maple Lane with a City standard approach not with curb radii as shown on the site plan. Both sides of the private drive shall have the curb painted red with white lettering that is at least 3" in height and signs every 35 feet that state "FIRE LANE/TOW AWAY ZONE". The cul-de-sac shall meet Fire Department code requirements. 11. The minimum width of Maple Lane, from Lincoln Street to the southern property line shall be 29 feet back of curb to back of curb. Curb and gutter, shall be provided on both sides of the street. Sidewalk shall be provided on the east side of the street. Also, the curb on the east side of the street shall be painted red with white lettering that is at least 3" in height and signs provided every 35 feet that state "FIRE LANE/TOW AWAY ZONE". This is to allow parking on the west side of the street and provide a 20 foot minimum 6 width for emergency vehicles. 12. Either a City standard sidewalk or extension of the linear park trail shall be provided on Lincoln Street. 13. City standard curb and gutter, boulevard, and sidewalk shall be provided on the west side of Alder Court Lane from Lincoln St to the southern property line. 14. Plans and Specifications for water and sewer main extensions, and streets and storm drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 15. A Public Access Easement shall be provided for the private drive within the property prior to FSP approval. 16. Prior to issuance of building permits for any new buildings in the development and upon availability of service, any existing residence/business on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. UDO Code Provisions: a) Section 18.16.040 requires 5,000 square feet per single household residence. Section 18.80.1980 defines net residential density as the number of residences per buildable unit of land which would exclude the easement for Maple Lane, any easements for Lincoln Avenue, and the required parkland equivalent of 0.03 acres per dwelling unit (for the new units only). Exact density calculations must be submitted with the Final Site Plan. b) A subdivision exemption to aggregate and relocate lot lines must be approved prior to Final Site Plan approval in order to meet to meet Section 18.10.040 of the Unified Development Ordinance. 7 c) Section 18.34.130 requires the applicant to submit seven (7) sets (bound together) of a Final Site Plan within six (6) months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d) Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. e) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground or wall-mounted equipment shall be screened with walls, fencing, or dense evergreen plant materials. The location of all mechanical equipment and the method of screening shall be shown on the Final Site Plan. f) Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the Final Site Plan submittal. All lights must be full cutoff. Lighting cut-sheets shall be provided with the Final Site Plan. g) All street and driveway vision triangles must be shown on the Final Site Plan in accordance with Section 18.44.100. On-street parking does not count within a street vision triangle. h) Section 18.46.020 specifies the required length and width of parking spaces. i) Section 18.46.040.E states that all developments shall provide adequate bicycle parking facilities to accommodate residents and guests. The location and details for the bike rack shall be provided in the Final Site Plan. j) The Final Site Submittal must indicate how the required 23 landscape points are being met in accordance with Chapter 18.48 without double counting. Note that any drought tolerant species proposed for points must be specifically denoted in the Landscape Schedule. The final landscape plan must be signed and certified by a landscape professional as outlined in Section 18.78.100. k) Section 18.48.050.E requires one large canopy tree for each 50 feet of total street frontage (including Lincoln Road and Alder Court). Street tree permits must be obtained from the Forestry Division prior to installation. l) Section 18.50.110.F requires a 25-foot wide public access easement for the entire length of the north-south trail, which should be centered on the 8 easement. m) Per Chapter 18.52, all signage, including any project identification signage, shall require a sign permit subject to review and approval by the Department of Planning & Community Development. Only one free-standing sign is permitted per lot. n) The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. o) A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), flow direction arrows, storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. p) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. q) Trees shall not be located within ten (10) feet of water and sewer service lines. r) The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". s) The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. t) City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. u) All existing utility and other easements must be shown on the FSP. v) Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's 9 office). w) Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. x) The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. y) If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. z) The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. aa) All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 0:46:02 [18:30:20] Second, by Mayor Krauss, to Cr. Kirchhoff's motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions above). Mayor Krauss handed the gavel to Commissioner Jacobson in order to second Commissioner Kirchhoff's motion to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions above). 10 0:55:00 [18:37:52] Vote to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo. [It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, to approve application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with the revised conditions and code provisions outlined in the staff memo (see conditions above).] Those voting Aye being Cr. Kirchhoff and Mayor Krauss. Those voting No being Crs. Jacobson and Rupp. Those Absent being Cr. Becker. The vote ties and will be broken by the vote of Commissioner Becker on November 27, 2006 based on a review of the meeting minutes of November 20, 2006. 0:56:18 [18:37:55] 3. Landfill Convenience Center Conditional Use Permit, #Z-06245 (Knight) - PUBLIC HEARING, open and continue to November 27, 2006 0:56:22 [18:39:05] Staff report Mr. Kukulski presented the staff report. 0:57:50 [18:39:36] Public Comment Mayor Krauss called for public comment. No person commented. 1:00:13 [18:39:41] Motion and Vote to continue the Landfill Convenience Center Conditional Use Permit, #Z-06245 to November 27, 2006. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to continue to Nov. 27 the Landfill Convenience Center Conditional Use Permit, #Z-06245. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 1:00:33 [18:43:11] 4. Peet’s Hill Parking Lot Certificate of Appropriateness, #Z- 04112-A - PUBLIC HEARING (Epple for Kozub) 1:00:44 [18:43:26] Staff report Director of Planning and Community Development Andy Epple presented the staff report. 1:05:51 [18:44:21] Public Comment Mayor Krauss called for public comment. 1:06:02 [18:46:25] Public Comment - Gary Gullickson 11 Gary Gullickson resides at 404 South Church and also representing 336 South Church. He spoke about the proposed parking lot at Peet's Hill, alley access and lack of input from the neighborhood in the process. 1:10:24 [18:47:55] Public Comment - Steve Edwards Steve Edwards owns the property adjacent to the proposed parking lot. He is concerned that the proposed landscaping would obscure his solar array. He would also like to maintain his current parking space. 1:11:52 [18:48:12] Public Comment - Hillary (no last name given) Hillary (no last name given) resides on East Story Street. She sought more information about the project and questioned the proposed number spaces and how that might effect traffic or speed limits. 1:13:29 [18:49:33] Public Comment - Gary Vodehnal Gary Vodehnal resides at 614 South 7th Avenue and works for Gallatin Valley Land Trust. he supports the parking lot proposal and stated that GVLT was completely open with the neighborhood. He also noted that the landscaping decisions are important. 1:15:34 [18:49:36] Public Comment - Jeff Ball Jeff Ball resides at 323 South Wallace. He commented that the number of parking spaces is adequate and noted that there was a public hearing on the corridor, including the parking area, in August, 2006. He expressed concern about lighting and encourages the City to have lights on seasonable adjusted timers. He suggested making modifications in respect of tree planting near the solar panels. 1:18:47 [18:50:58] Public Comment - Brian Gallik Brian Gallik, 35 North Grand, appeared on behalf of Jeff and Catherine Ball. He requested that the Commission adopt the parking lot proposal and allow residents to access their lots through the existing alley. 1:23:04 [18:51:04] Public Comment - Sara Folger Sara Folger, City Grants Administrator and CTEP Coordinator for the City of Bozeman, introduced Eric Hichus of Project Director for CTA Landworks Design Group for the larger Milwaukee Trail project. 1:24:19 [18:51:25] Public Comment - Katherine Ball Katherine Ball resides at 323 South Wallace and is excited about the project and would like to see it finished. The project is important for the safety of the community and it is a good connection to the City center. 1:26:12 [18:53:55] Public Comment - Salal Huber-Mcgee Salal Huber-Mcgee resides at 332 South Church and has concerns about the parking at Peet's Hill or the lack thereof. She noted that currently, the parking is not "super organized". 12 1:28:55 [18:54:01] Applicant/CTA Eric Hichus of Project Director for CTA Landworks Design Group for the larger Milwaukee Trail project appeared as a consultant to the City. He is a landscape architect who resides in billings and spoke on behalf of CTA and the City. 1:57:25 [19:38:25] Motion to approve application no. Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve application no. Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness with the understanding that the buffering on the northern edge is redone to remove those tall trees, that the lighting in the parking lot, if allowable under standards and approved by the Police Department, be as close to the LEEDS standards and that the alley is connected as shown on the plat. Conditions of Approval: 1. Prior to demolition, the City shall provide written and photographic documentation regarding the wooden storage buildings. 2. The City shall install an interpretive sign explaining the history of the site, specifically the use of the Coal Bins. 3. Vegetative screening must be planted along the west portion of the parking lot. 4. Any future buildings (including the comfort station) shall require additional Certificate of Appropriateness (COA) review. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 6. The Final Site Plan shall be adequately dimensioned. 7. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water 13 detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 8. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 9. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the Final Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan approval. 10. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 11. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the Final Site Plan. 12. Flood plain: a. A Flood Plain Development Permit must be obtained from the City Engineer prior to Final Site Plan approval if any work is to occur within the delineated 100 year flood plain. b. The 100 year flood plain boundary and flood elevations must be depicted on the Final Site Plan. c. Culvert sizing design calculations shall be provided for the stream crossing. d. All buildings must be flood-proofed to at least 2' above the 100 year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 13. The Montana Fish, Wildlife & Parks, Soil Conservation Services (SCS), Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 14 14. All existing utility and other easements must be shown on the Final Site Plan. 15. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 16. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 17. If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau (WQB), shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. 18. The cul-de-sac as shown is the absolute minimum required radius to accommodate a passenger car turning movement. This shall be increased in size minimum of 10’ to provide for an easier movement, and must be signed no parking and the curbs painted yellow. 19. If crosswalks are proposed at the two crossings shown on Church, they must be signed to meet the requirements of the Manuel of Uniform Traffic Control Devices (MUTCD). 20. The remediation project must be completed and accepted by the Department of Environmental Quality (DEQ) prior to initiation of any construction activities on the site. 21. Sewer and water services shall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Code Provisions: 1. Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements. 2. Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. 15 3. Per Section 18.48.050.E, "Street Frontage Landscaping Required," all street rights-of-way within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped, and shall include one large canopy tree for each 50 feet of total street frontage. 2:00:24 [19:39:36] Vote on motion to approve application no. Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness. [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve application no. Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness with the understanding that the buffering on the northern edge is redone to remove those tall trees, that the lighting in the parking lot, if allowable under standards and approved by the Police Department, be as close to the LEEDS standards and that the alley is connected as shown on the plat (see conditions above).] Those voting Aye being Crs. Rupp, Kirchhoff and Jacobson. Those voting No being Mayor Krauss. Those absent being Cr. Becker. The motion carried. 2:00:49 [19:42:17] Break Mayor Krauss called for a 15 minute break. 2:18:27 [19:43:20] Call to order Mayor Krauss called the meting to order. 2:18:39 [19:45:08] 5. Baxter Apartments, Minor Subdivision Preliminary Plat, #P- 06055 (Sanford) - PUBLIC HEARING 2:18:44 [19:47:51] Staff Report Planning Director Andy Epple presented the staff report. 2:21:36 [19:49:01] Applicant The applicant, Dab Dabney, resides at 522 South 6th Street appeared on his own behalf. 2:25:26 [19:49:35] Public Comment Mayor Krauss called for public comment. No person commented. 2:26:08 [19:50:06] Motion to approve the variance allowing the final plat for Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade Wind Lane. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the variance allowing the final plat for Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade Wind Lane as requested. 16 2:27:18 [19:51:33] Vote on motion to approve the variance allowing the final plat for Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade Wind Lane. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the variance allowing the final plat for Phase I to be filed without constructing or financially guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade Wind Lane as requested.] Those voting Aye being Cr. Kirchhoff, Jacobson, Rupp and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 2:27:25 [19:51:45] Motion and Vote to conditionally approve application no. P- 06055, Baxter Apartments Minor Subdivision Preliminary Plat, based on the Planning Board's recommendations with conditions listed on Page 2 of Planning Board Resolution #P-06055. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to conditionally approve application no. P-06055, Baxter Apartments Minor Subdivision Preliminary Plat, based on the Planning Board's recommendations with conditions listed on Page 2 of Planning Board Resolution #P-06055. Conditions of Approval: 1. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The following note shall be included on the final plat: “Due to high ground water conditions full or partial basements are not recommended. Depth of crawl space foundations must be minimized to the extent possible to limit water-related problems. Buildings proposed for basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 3. The remainder affidavit must be finalized, signed, notarized and filed with the final plat for Phase I. 4. The installation of a trail within the watercourse and trail easement shall be completed with Phase II. The applicant shall meet with the Subdivision Review Committee of the Recreation and Parks Advisory Board and the City 17 Parks Department to determine the appropriate type, width, construction specifications and location for the trail. The trail must be installed or financially guaranteed prior to final plat approval for Phase II. 5. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be provided with final plat approval, final site plan approval or the issuance of any building permits, whichever occurs first. 6. North 25th Avenue shall be constructed from Baxter Lane to Trade Wind Lane to a full city standard with Phase I unless the variance is granted by the City Commission. If the variance is granted, that portion of 25th shall be constructed with Phase II along with the other required Phase II infrastructure improvements. 7. Water and sewer main extensions will be required to provide service to the lots of Phases 2 through 5. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 2:28:28 [19:52:48] 6. Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056 (Sanford) - PUBLIC HEARING 2:28:36 [19:55:12] Staff Report Planning Director Andy Epple presented the staff report. 2:31:45 [19:55:24] Applicant The applicant, Dab Dabney resides at 522 South 6th Street, appeared on his behalf. 2:35:01 [20:13:18] Patty Kent, Director of Housing and Development, Western Montana Mental Health Center Ms. Kent provided a history of the Western Montana Mental Health Center project in Bozeman. 2:39:24 [20:13:25] Public Comment Mayor Krauss called for public comment. 2:39:33 [20:13:35] Public Comment - Dorothy Eck Dorothy Eck resides at 10 West Garfield Street and supports the approval of the application. 2:41:31 [20:16:15] Public Comment - Tracy Velazquez 18 Tracy Velazquez resides at 503 West Olive Street and supports the proposed development and the variance, and urged Commission support for the project. 2:44:22 [20:16:32] Public Comment - John Vincent John Vincent, Gallatin County Commissioner, supports the proposal and urged City Commission support for the proposal. 2:48:14 [20:20:24] Public Comment - Chris Budeski Chris Budeski resides at 315 Sheridan and supports the project with the variance and urged Commission support for the project. 2:52:47 [20:23:46] Motion to approve the requested variance from Section 18.44.060.D which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the requested variance from Section 18.44.060.D which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street. 2:57:45 [20:39:53] Vote on motion to approve the requested variance from Section 18.44.060.D which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the requested variance from Section 18.44.060.D which specifies level of service standards for street intersections, to allow the development of the subject subdivision without level of service mitigation measures at the intersection of Haggerty Lane and East Main Street.] Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 2:58:12 [20:43:41] Motion to conditionally approve Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to conditionally approve Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P- 06056. Conditions of approval: 19 1.The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The subdivision shall be consistent with the approved Bozeman Deaconess Health Services Sub-area plan. 3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and bicycle access should be provided through the subject property to provide connectivity from Haggerty Lane to the future farmstead and park facilities included in the adopted Bozeman Deaconess Health Services Sub-area plan. 4. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be provided with final plat approval, final site plan approval or the issuance of any building permits, whichever occurs first. 5. The southwestern half of Haggerty Lane will need to be constructed to a 2- Lane minor arterial standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update along the entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition back to the existing roadway. 6. The water main in Haggerty shall be 10” diameter in accordance with the City’s Water Facility Plan, and shall be extended along the entire frontage of the subdivision. 7. A sewer main (8") will need to be extended along the entire frontage of the subdivision. 8. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the state right of way. 9. Approval shall be obtained from the Montana Department of Transportation of the traffic impact study and for all improvements along Haggerty Lane. 10. All improvements necessary to provide adequate level of service at the intersection of Haggerty and Main must be installed or financially guaranteed prior to filing of the plat unless a variance is granted by the City Commission. No building permits will be issued until all improvements are installed and accepted unless the variance is granted. Approval must be 20 obtained from the Montana Department of Transportation for all improvements to Haggerty and Main. 11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB design standards. The preliminary calculations submitted did not account for the required overflow capacity. 12. Prior to final plat approval, the information required by Section 18.44.090.H of the UDO shall be provided for review of the deviations required to allow for the accesses onto Haggerty as shown on the Conceptual Connectivity Plan (2). A one foot no access strip shall be provided along the entire frontage of Haggerty except in locations where a deviation is granted to allow for an access. 13. Public Street and utility easements shall be provided on the final plat for the streets shown on the Conceptual Connectivity Plan (2). 14. The street from Haggerty Lane to the southern property line shall be fully constructed to the property line unless a variance is obtained to allow it to stop short. A temporary turnaround shall be installed at the end of the street within an easement on the adjoining property or, if an easement cannot be obtained, on the subject property in a configuration approved by city engineering. 2:59:04 [20:45:54] Re-statement of motion to conditionally approve Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056. It was moved by Cr. Jacobson, seconded by Cr. Rupp to conditionally approve application no. P-06056, Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, based on the Planning Board’s recommendation with conditions listed on Pages 2-3 of Planning Board Resolution #P-06056 (see conditions above). 3:00:44 [20:46:15] Vote on motion to conditionally approve application no. P-06056, Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, based on the Planning Board’s recommendation with conditions listed on Pages 2-3 of Planning Board Resolution #P-06056 (see conditions above). [It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve conditionally approve Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056 (see conditions above).] Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 21 3:03:48 [20:46:50] 7. Establish purpose, scope and schedule of bi-monthly City Commission policy meetings - PUBLIC HEARING 3:05:04 [20:47:11] Public Comment Mayor Krauss called for public comment. No person commented. 3:29:41 [20:51:58] Motion and Vote to amend Commission Rules of Procedure defining the purpose, scope and schedule of bi-monthly City Commission policy meetings. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to amend Commission Rules of Procedure defining the purpose, scope and schedule of bi-monthly City Commission policy meetings. Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Becker. The motion carried. 3:31:24 [20:52:51] I. FYI/Discussion 3:31:31 [20:53:40] FYI - Commissioner Rupp Commissioner Rupp requested more information on the street lights on South 19th Avenue. 3:35:24 [20:55:17] FYI - Mr. Kukulski Meeting scheduled for Dec. 6 with Downtown Pastoral Association for discussion of a permanent home for the 10 Commandments. 3:53:11 [21:03:30] J. Adjournment Mayor Krauss Adjourned the meeting at 9:50 PM. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ____________________________ Brit Fontenot, City Clerk 22 PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ____________________.